Theses and Case Law/ Litigation / by , Daniel Majewski del Castillo, and Zusel Soto Vilchis, José Alejandro Krause Marún, Karla Mishelli Tapia Santos, Carla Itzel Rincón Guerrero, and David Fernando Santos Mejía.
On #ThesisFriday | On October 17, 2025, the Judicial Weekly published 27 new rulings: 5 court decisions and 22 isolated rulings.
We have selected the most relevant ones for you, which were issued by the Circuit Collegiate Courts and the Regional Circuit Plenary Sessions:
Abstracts
Digital registration number: 2031337 / Thesis: PR.CRT. J/9 A (11th)
Case Law of Regional Circuit Courts
An indirect appeal is not admissible against an IFETEL decision extending a radio spectrum license.
The Second Chamber of the Supreme Court ruled that when IFETEL approves the extension of a concession, that decision is not final, since the concessionaire must still accept the new terms, sign the new concession agreement, and pay the corresponding fees. Therefore, such approval is merely an intermediate step in the procedure and not a final decision, which is why a petition for amparo is not appropriate.
Digital registration number: 2031340 / Thesis: PR.CRT. J/8 A (11th)
Case Law of Regional Circuit Courts
Indirect injunctions regarding actions in antidumping proceedings must be heard by a court specializing in economic competition, broadcasting, and telecommunications.
The Second Chamber of the Supreme Court ruled that indirect constitutional appeals related to actions taken within proceedings for the investigation or review of countervailing duties (anti-dumping) must be heard by the District Courts Specializing in Economic Competition, Broadcasting, and Telecommunications. This is because such acts, including interim ones such as the denial of legal status or existence, involve technical issues regarding economic competition and market functioning; therefore, their adjudication must remain within a single specialized jurisdiction to avoid fragmentation of the administrative proceeding.
Digital registration number: 2031335 / Thesis: XVIII.2o.P.A.38 A (11a.)
Individual Opinion of the Circuit Courts
Claims for relief in direct constitutional appeals seeking benefits not originally requested in the deemed denial are inadmissible.
A deemed denial occurs when an authority fails to respond to a request within the legal deadline, and the law presumes that the response was negative. That denial applies only to what the citizen originally requested, and nothing more. Therefore, if during the trial the person attempts to claim matters different from those initially requested, the court cannot consider them or recognize those rights, because they are not part of the same case. Consequently, in a direct amparo proceeding, it is ineffective to argue that the authority should have included other matters—for example, regarding a pension—if those were not part of the original request that gave rise to the deemed denial.
Digital registration number: 2031351 / Thesis: XXIV.3o.3 C (11a.)
Individual Opinion of the Circuit Courts
The effects of the ruling granting the writ of amparo due to a violation of the principle of appeal against commercial judgments.
If a judge rules that a judgment that is legally appealable is not subject to appeal, an injunction should be granted to compel the authority to recognize the validity of the appeal, thereby guaranteeing the litigant’s right to challenge the judgment in accordance with the Commercial Code.
Digital registration number: 2031344 / Thesis: I.2o.A.E.4 A (11th)
Individual Opinion of the Circuit Courts
The amparo action challenging the refusal to recognize a person as an accredited party in an investigation into unfair international trade practices (antidumping) is inadmissible, as it concerns an intra-procedural act that is not irreparable.
The refusal to recognize a party as an accredited participant in an antidumping proceeding concerning unfair trade practices is not an act that cannot be remedied; therefore, the indirect appeal is inadmissible, and any adverse effects may be challenged in conjunction with the final decision in the proceeding.
Digital registration number: 2031359 / Thesis: I.6o.C.16 C (11a.)
Individual Opinion of the Circuit Courts of Appeals
The motion for a provisional stay of the order to register the attachment with the Public Registry of Property and Commerce is denied.
A provisional injunction granted through an indirect appeal cannot be issued to prevent the registration of a lien in the Public Registry, as this would harm the public interest, violate public policy provisions, and could infringe upon the rights of third parties by preventing potential buyers from learning of the existence of a lien that ensures compliance with a judgment in a pending or already decided case.
Digital registration number: 2031352 / Thesis: XXIV.3o.1 C (11a.)
Individual Opinion of the Circuit Courts
A violation of the principle of appeal against commercial judgments constitutes a clear breach of the law that leaves the complainant without a defense and warrants the dismissal of the complaint.
When, in commercial matters, access to a remedy is improperly denied, this violates the principle of the right to challenge judgments, and the rule of supplementing an incomplete complaint must be applied in favor of the affected party to ensure their right to a defense and effective judicial review.
Digital registration: 2031339 / Thesis: XXI.2o.C.T.49 C (11a.)
Individual Opinion of the Circuit Courts
In civil matters, the statute of limitations expires automatically, even before the defendant has been served with the summons (interpretation of Article 175, Section II, Subsection a, of the Civil Procedure Code of the State of Guerrero).
In civil matters, the statute of limitations terminates the proceedings if they are not initiated within six months, and it takes effect automatically, even before service of process. It is based on the principles of legal certainty and prompt justice, and aims to prevent procedural inactivity.
Publication prepared by ,Daniel Majewski del Castillo, and Zusel Soto Vilchis, José Alejandro Krause Marún, Karla Mishelli Tapia Santos, Carla Itzel Rincón Guerrero, and David Fernando Santos Mejía.
